2000M12-GAS TRANSMISSION615152.3
ORDINANCE NO. 00-
AN ORDINANCE GRANTING A PERMIT AND CONSENT T
GAS TRANSMISSION, TEXAS CORPORATION, PG&
TF~NSMISSION TECO, INC., AND PG&E ENERGY T~DII
CORPORATION, THEIR WHOLLY OWNED SUB,~
CORPORATIONS AND WHOLLY OWNED SUBSIDIARY G[
AND LIMITED PARTNERSHIPS, AND THEIR SUCCE
LESSEES OR ASSIGNS, TO MAINTAIN, USE AND O!:
CERTAIN NATURAL GAS AND/OR NATURAL GAS [
TRANSMISSION PIPELINES ALONG, ACROSS, AND
PUBLIC PROPERTY AND RIGHTS OF WAY IN THE C
SCHERTZ, TEXAS, AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCH
Section 1.
Permit and consent granted; consideration.
That the City of Schertz, Texas ("the City"), for and in cons
of the payment of the "Agreed Settlement Sum" (as defined herein) ~
good and valuable consideration, the receipt and sufficiency of w
hereby acknowledged, and subject to the terms and conditions of
and Final Release and Settlement Agreement executed and approv~
City contemporaneously herewith and the terms, conditions and d6
set forth herein, hereby grants to Grantee (as defined herein) ape
consent for the Term to operate, use and maintain the PG&E
System and to exercise the rights and privileges granted by this Or(
Section 2.
Definitions.
(a)
For purposes of this Ordinance, "the PG&E Pipeline Syste~
mean the intrastate, interurban natural gas and natural ga~
transmission pipelines and ali their appurtenant facilities, in
but not limited to, mains, spurs, laterals, meters, valves, c~
protection systems, city gates, and all other similar faci
Grantee, located in, under or along City Rights of Way. Th~
Pipeline System includes ali pipelines and facilities owned,
operated and/or controlled, in whole or in part (such as throuc~
venture or partnership, for example), by Grantee. The PG&E
System has been disclosed to the City and/or its counsel b
OPG&E
E GAS
~G-GAS
;IDIARY
'NERAL
SSORS,
~ERATE
.IQUIDS
UNDER
;ITY OF
ERTZ, TEXAS'
deration
nd other
hich are
the Full
~d by the
,finitions
rmit and
Pipeline
inance.
n" shall
~ liquids
cluding,
)rrosion
lities of
.~ PG&E
leased,
h a joint
:ipeline
~/maps,
written descriptions or by other identification. The PG& Pipeline
System is not a "Local Distribution Company" or "LDC" (a defined
herein). The consent, permit, rights and privileges gra d by this
Ordinance encompass the PG&F: Pipeline System and the o ,erations,
lines of business, and business activities of Grantee in the ity; such
grants however do not allow the PG&E Pipeline System or a y portion
thereof hereafter to be operated, used or maintained as LDC.
(b)
in this Ordinance, "City Rights of Way" shall mean a y public
easement, street, road, avenue, highway, freeway, toll rea<, bridge,
alley, boulevard, sidewalk, park, parkway, lane, drive, circ e, canal,
sanitary or storm sewer runoff, drainage ditch, dump, landfil or other
public property, thoroughfare, way, or place currently wned or
controlled by, and/or located within or which may in the ture be
constructed within or annexed into the corporate limits of, the City,
including all in-City portions of any federal or state highwa , farm to
market road, or other right of way designated as part of e Texas
state highway system by the Texas Department of Trans ortation,
Texas Transportation Commission, State Highway Co ,mission,
and/or any predecessor or successor thereof.
(c)
(d)
(e)
In this Ordinance, "Grantee" shall mean and shall be unde
be PG&E Gas Transmission, Texas Corporation, PG.
Transmission Teco, Inc., and PG&E Energy Trading-Gas Cor
their wholly owned subsidiary corporations and wholl~
subsidiary general and limited partnerships, and their suc
lessees or assigns.
In this Ordinance, "Agreed Settlement Sum" shall meat
understood to be Grantee's one time, lump sum pay
$30,217.32 and all other things of value given to and accept(
City as consideration for the Full and Final Release and Se
Agreement executed and approved by the City contempors
herewith and the rights, permit, and consent granted
Ordinance for the Term.
In this Ordinance, "Local Distribution Company" or "LD
mean a person, corporation, 9eneral or limited partnership,
entity that owns one or more lines of pipe within a city serv
and holds itself out to both residential and commercial cu
generally within such city service area to provide public utilit~
through such line or lines of pipe for a fee.
'stood to
~E Gas
}oration,
owned
cessors,
and be
'nent of
~d by the
Element
~neously
by this
0" shall
or other
ce area
stomers
service
615152.3 -2-
Section 3.
Maintenance, Operation, Repair, Relocation, Expa
Removal of PG&E Pipeline System.
The consent and permit granted herein includes, without lim
rights and privileges to own, maintain, operate, improve, enlarg~
repair, remove, and relocate any part of the PG&E Pipeline Syster
be deemed necessary by Grantee. In the event that Grante~
necessary to excavate in any City Rights of Way, Grantee shall
City and shall comply with all then existing City and/or other gov¢
requirements, if any, concerning such excavation and work p~
subject to the provisions of this Ordinance and to the extent t
requirements are applicable to other pipelines and facilities similarly
Grantee shall comply with ordinances of general application.
Section 4.
New Construction.
(a)
General. Subject to the provisions of Section 2(a) above
limited by Section 4(b) below), should Grantee, during the
this Ordinance, desire to construct or install new pipelines or
facilities in City Rights of Way, Grantee shall notify the
comply with existing City and/or other governmental require
any, concerning such construction to the extent applicable
pipelines and facilities similarly situated, except that no a
payment, other than what is expressly set forth herein, shall
during the Term and thereafter such new pipelines or facilil
be made subject to the provisions of Sections 6 and 9. In t
any new pipeline construction or expansion of an existing
causes a cumulative increase of more than 300 linear fee
along or under City Rights of Way, then in such event Gran
make an additional lump sum payment to the City equal to
per linear foot of such new pipeline within City Rights
(excluding for purposes of this payment calculation only an
portion of the designated state highway system), multiplie.
number of years remaining on the Term, reduced to prese
using a 6% discount rate. After completion of construc:
compliance with existing City and/or other gover
requirements, if any, the new pipeline and/or new facilit
become a part of the PG&E Pipeline System as defined he
covered by this Ordinance. For the purpose of calculating s
sum payment obligation, the terms "new pipeline" and "new f
do not include any upgrades, replacements, changes in diam~
or configuration, of any part of the existing PG&E Pipeline
Further, any relocation of the existing PG&E Pipeline Syster
any change in location, expansion or widening of the pay
~nsion or
tation, all
extend,
~ as may
; finds it
~otify the
rnmental
rformed,
~at such
situated.
(and as
Term of
add new
City and
ments, if
to other
dditional
be made
:ies shall
qe event
pipeline
[ of pipe
tee shall
15 cents
of Way
y in-City
d by the
nt value
~,ion and
'nmental
es shall
rein and
ny lump
acilities"
;ter, size
System.
n due to
ed road
615152.3 -3-
(b)
surface portion of any City Rights of Way shall not be cons
be a "new pipeline" or "new facility" for the purpose of calcul~
lump sum payment obligation. Sothing in this Ordinance sh
the rights, if any, of the City to receive any money from ti'
Department of Transportation that may, in the future, be col
or through the Texas Departmont of Transportation from an
the Texas state highway system.
Limitations on Future Expansion. Although this Or,
grants consent to expand the PG&E Pipeline System,
construction or installation of new pipelines or new faciliti~
consent shall be limited by this Section as follows:
(i)
During the Term, if and only in the event any
construction involving new pipelines or new
facilities is proposed in any City Rights of Way
open to the public but not located along or under
a road or other City Right of Way subject to
vehicular traffic- such as an airport, public park,
municipal building site, or landfill site- the
Grantee entity(ies) that owns and/or operates
the in-City portion of the PG&E Pipeline System
("Pipeline Owner") will file an application for
consent to construct new pipelines or new
facilities. In addition, in no event shall the City
seek or impose any terms, conditions or
consideration in granting the application that are
greater or more onerous than those being
imposed or received by the City upon or from
any other person or entities that are similarly
situated to or compete with Pipeline Owner. The
City agrees to act on such application in a timely
fashion, not to exceed 60 days; and/or
(ii)
During the Term, if and only in the event that the
Pipeline Owner desires to construct or install
new pipelines or add new facilities in a manner
that would cause the PG&E Pipeline System to
cross under or along any additional City Rights
of Way, for the purpose of delivering gas directly
(it being agreed that direct deliveries of gas shall
not include a sale for resale nor a delivery of gas
to the LDC or any other third party transporter) to~
any retail gas consumer not served by the
dered to
]ting any
all effect
e Texas
ected by
/ user of
inance
by the
.~s, such
615152.3 -4-
Section 5.
Pipeline Owner as of the effective date of this
Ordinance and located inside the City, the
Pipeline Owner agrees to provide notice to the
City. To the extent required by this Section
4(b)(ii), the Pipeline Owner will file an application
for consent to construct new pipelines or new
facilities, such consent not to be unreasonably
withheld by the City. In addition, in no event shall
the City seek or impose any terms, conditions or
consideration in granting the application that are
greater or more onerous than those being
imposed or received by the City upon or from
any other person or entity that is similarly
situated to or compete with Pipeline Owner. The
City agrees to act on such application in a timely
fashion, not to exceed 60 days. Notwithstanding
anything to the contrary, this Section 4(b)(ii) shall
not apply to the construction or installation of
new pipelines or addition of new facilities to
deliver gas to existing or new electric power
generating plants.
Substances.
Subject to the terms and conditions of this Ordinance, (a) the
substances may be transported and/or delivered for purposes of .~
for resale, transportation or purchase in any part of the PG&F_.
System by Grantee' natural gas or natural gas liquids, in gaseous
state or the equivalent thereof, whether natural or synthetic ("Subs1
and (b) Grantee may transport and deliver its own Substances, and 1
and/or deliver for hire Substances owned by affiliates, governments
and/or third parties.
Section 6.
Nature And Sufficiency of Consideration.
(a)
Findings. The money paid to the City and the agreements
in Section 4 are sufficient consideration for all purposes
(b)
Exclusive Charge. The consideration described in Sectior
4 shall be the exclusive compensation, tax (except as pro
Subsection (c) below), fee, rental, assessment or other
however characterized, payable or due to the City by
pertaining to the presence, use, ownership, and/or operatic
PG&E Pipeline System, and the natural gas or natural g~
Iollowing
ale, sale
Pipeline
or liquid
:ances");
ransport
I entities
set forth
s 1 and
¢ided in
charge,
Grantee
,n of the
s liquid
615152.3 -5-
(c)
sales, purchases, transportation and other business activiti~
thereto, during the Term of this Ordinance. Grantee's agr(
pay such consideration shall be full consideration during the
the City's consent and permit for the rights and privileges g
this Ordinance and shall be in lieu of all other franchise
regulatory, use, sales, gross receipts, or occupation tax
assessments, exactions, rentals or charges which may
attempted to be levied by the City.
Certain Taxes Not Exempt. Nothing herein shall cons
exemption to Grantee from (i) ad valorem taxes levied by th
real or personal property owned by the Grantee within the C
any new tax (includin9 any new increment to an existincj
authorized, mandated or imposed by the state or federal 9o~
after the effective date of this Ordinance if such new ta>
increment is equally applied to all persons and entities withir
that are similarly situated to or compete with Grantee.
Section 7. Term.
The consent and permit granted by this Ordinance shall conl
remain in full force and effect for a period of twenty-five (25) years
after its effective date pursuant to Section ~ 5 ("the Term").
Section 8.
Expiration of Term; Renewal.
if Grantee desires a renewal of this consent and permit, it sh
the City at least two (2) years prior to the expiration date of the Te
City shall not bo compelled to renew but shall not unreasonably wit
rofuse renowal of this consent and pormit./he City shall not requ
onerous terms or conditions nor require §mater consideration from
for renewal than those then in offect for other persons and entities
similarly situated to or compete with Grantee and are using or occup
Rights of Way. If the City, acting in good faith and with a reasona[
decides not to ronew this consont and pormit, the City shall [live
formal written notice of such decision not later than 18 months be
expiration of the Term. After receipt of such notice, Grantee shall h
the end of the Term to find a buyer or buyers to acquire all or any
parts of the PG&E Pipeline System. For any part of the PG&E
System Grantee is unable to sell or convey after expiration of ti~
Grantee shall have a reasonable time after the expiration of such
s related
ement to
Term for
'anted by
license,
as, fees,
evied or
titute an
9 City on
ity, or (ii)
tax) first
'ernment
or new
the City
nue and
rom and
all notify
rm. The
hhold or
ire more
Grantee
that are
ling City
~le basis
Grantee
.fore the
~ve until
divisible
Pipeline
e Term,
Term to
remove from City Rights of Way those parts, and shall restore affelted City
Rights of Way to the condition existing before such removal..~
615152.3 -(~-
Section 9.
Existing Obligations Affecting The PG&E Pipelin
(a)
As of the effective date of this Ordinance, there may be
contracts, ordinances, easements, leases, agreements o
imposing obligations and/or City requirements pertaining to t
Pipeline System or Grantee ("Existing Pipeline Facility Obli~.
It is the intent of City and Grantee that any such payment c
shall be subsumed into Section 6(b) hereof and that this O
shall control and supercede any such Existing Pipeline
Obligations to the extent they conflict or vary in any manner
Ordinance.
(b)
Grantee and City further agree and declare that'
(i)
the consideration paid under this Ordinance satisfies
full any fee, charge or payment obligation that otherwi~
would be due under Existing Pipeline Facil
Obligations after the effective date of this Ordinance
(ii)
the term, if any, for any such Existing Pipeline
Obligations is hereby extended to coincide with the
this Ordinance; and
Grantee and City shall execute such further docun
necessary to conform Existing Pipeline Facility Oblig;
this Ordinance.
(a)
(b)
Section 10. Notice.
Written Notice. All notices required or sent in accordance
Ordinance shall be in writing.
Addresses. All notices shall be addressed to the other par
address below or at such other address as the receiving p~
subsequently designate by notice to the sending party
(i)
Notice to the City shall be sent to:
City of Schertz, Texas
1400 Schertz Parkway
Schertz, Texas 78154
Attn: City Manager
e System.
existing
permits
le PG&E
lations").
bligation
rdinance
Facility
from this
in
;e
Facility
Term of
ents as
~tions to
with this
ty at the
~rty may
615152.3 -'7-
(ii)
Notice to Grantee shall be sent to:
PG&E Gas Transmission, Texas Corporation and
PG&E Gas Transmission Teco, Inc.
1100 Louisiana, Suite 1000
Houston, Texas 77002
Attn: General Counsel
Section 11. Satisfaction of Consent and Permit Requirement
City acknowledges and agrees that Grantee has satisfied
paid all of Grantee's obligations, duties, responsibilities, fees and
and liability, if any, including but not limited to any derivative liab
regard to all past and present statutory and regulatory consent requ
pertaining to use or occupation of any City Rights of Way under an,
municipal law or regulation applicable to Grantee, including, b
example and not limitation, Texas Revised Civil Statutes art. 117
Local Government Code § 282.003, Texas Transportation Code §
Texas Utilities Code §§ 181.006, 181.023 and 181.026, the City Ch
Code of Ordinances, if any, and/or any City ordinance, resolution,
consent requirement, if any, pertaining or applicable to the PG&E
System or Grantee.
Section 12. Severability.
It is hereby declared to be the intention of the parties that the
clauses, sentences, paragraphs, and Sections of this Ordina
severable, and, if any phrase, clause, sentence, paragraph, or Secti{
Ordinance shall be declared void, ineffective, or unconstitutional by
judgment or final decree of a court of competent jurisdiction or a fin
rule or regulation of a §ovemmental re§ulatory authority, such v,
ineffectivoness, or unconstitutionality shall not affect any of the re
phrases, clauses, sentonces, paragraphs, and soctions of this 0
since the same would have been enacted by the City witt
incorporation herein of any such void, ineffective, or unconstitutiona
clause, sentence, paragraph, or section.
Section 13. Transfer or Assignment.
Grantee is expressly given the right, power and privilege
convey, transfer, lease, or assign, to any person or entity, Grante~
under this consent and permit, and to sell, convey, transfer, lease, (
ali or any portion of the PG&E Pipeline System. Grantee agrees
written notico to the City, within a roasonable time aftorward, of a
conveyance, salo, transfer, Ioase, or assi§nment, but failure to provi
and fully
charges,
ility, with
rements
state or
way of
5, Texas
:~11.071,
arter and
~ermit or
Pipeline
3hrases,
BCe are
)n ofthis
the valid
al order,
3idness,
,maining
'dinance
~out the
phrase,
to sell,
's rights
r assign
to give
ny such
de such
615152.3 -8-
notice shall not constitute a forfeiture of any of Grantee's rights
terms and conditions of the Ordinance. The consent, permit, ri
privileges granted by this Ordinance encompass the PG&E Pipelin,
and the operations, lines of business, and business activities of G
the City; but such grants do not allow the PG&E Pipeline Syste
portion thereof hereafter to be operated, used or maintained as an
such term is defined above). Therefore, absent separate and exp
consent and agreement, no such conveyance, sale, transfer,
assignment by Grantee, as authorized herein, shall constitute or (
any buyer, transferee, lessee, or assignee the right, power or pr;
operate as an LDC within the City.
Section 14. Indemnity.
Except as expressly provided for below, this Ordinance
address or concern, and shall not be construed to have any appli,
any future occurrence involving leakage, rupture, fire or explosion
any in-City portion of the PG&E Pipeline System which causes or i:
to cause any personal injury or property damage. IF AND ONLY
EVENT THE CITY IS SUED AS A RESULT OF ANY SUCH OCCUF
DURING THE TERM, AND SUBJECT TO THE LANGUA6
CONDITIONS HEREOF, THE PIPELINE OWNER AGREES TO IND
AND HOLD HARMLESS THE CITY FROM ANY ADJUDGED L!
AND DAMAGES CAUSED BY ANY NEGLIGENT OR WRONGFUL
OMISSION OF PIPELINE OWNER RELATING TO THE CONSTRI.
MAINTENANCE, OPERATION, OR REPAIR OF THE PG&E P
SYSTEM; PROVIDED, HOWEVER, THE CITY SHALL PROMPTLY
PIPELINE OWNER IN WRITING OF SUCH CLAIM OR LAWSUI'
event that City desires to settle any such claim or suit relating to ar
for which indemnification is or will be sought by City hereunder, pri¢
judgment by the court, then this indemnity shall be without leg~
unless the City obtains Pipeline Owner's written consent to such se1
Pipeline Owner shall have the right, but not the obligation, to ass
defense of any claim made against the City relating to any matter fl
indemnification is orwill be sought hereunder. PIPELINE OWNER A
TO BEAR THE COSTS OF DEFENSE IN CIRCUMSTANCES IN
PIPELINE OWNER ASSUMES THE DEFENSE.
tinder the
ghts and
9 System
.rantee in
m or any
LDC (as
ress City
ease, or
:onvey to
ivilege to
Joes not
:ation to,
nvolving
alleged
IN THE
~RENCE
;E AND
EMNIFY
~,BILITY
ACT OR
ICTION,
PELINE
NOTIFY
· In the
/ matter
r to final
~1 effect,
tlement.
dme the
)r which
GREES
WHICH
Section 15. Full and Final Release and Settlement Agreement.
The City Council also authorizes the City Manager to execu'
and Final Release and Settlement Agreement in substantially t~
attached hereto as Exhibit A and to deliver such Agreemenl
appropriate parties.
Iea Full
ne form
to the
615152.3 -9-
Section 16. Effective Date and Controlling Effect of this Ordi
This Ordinance shall become effective upon the last in t
adoption by the City in the form accepted by the Grantee and the
in full to the City of the Agreed Settlement Sum. Upon such effec
this Ordinance shall constitute a contract between the City and Gr~
shall govern the rights and relationships between the City and G
the duration of the Term, and it shall supersede and take preced
inconsistent ordinances, resolutions, or regulations hereafter or h
passed by the City. Ordinance number 00-./~, -_~ is hereby repea
Section 17. Emergency Provision.
By vote of not less than two-thirds of the members of the Cit'
present at the meeting at which this Ordinance was considered
Council has determined that an emergency exists which requires ir
action, and this Ordinance is hereby adopted on a single readi
Ordinance shall be in force and effect from and after its final pass
it is so ordained.
nance.
me of its
payment
tive date,
ntee and
antee for
~nce over
eretofore
led.
~ Council
the City
~mediate
~g. This
age, and
615152.3 -]0-
READ, CONSIDERED, PASSED and AP_PROVED at a Regular
Council of the City of Schertz, on the/~>/day of :---Ju>"£ , 2000, held in a<
Open Meetings Act, Texas Gov't Code §551.001 et. seq., at which a quorum v
____~, .. APPROVED by the Mayor of the City of Schertz, Texas, on th
~~¢¢ ,2000.
By:
C IT/Y~ F SCHERTZ
M a'yo rU/~ __'-7--z~,,n ~'
ATTEST:
City Secretary
APP OV D ~ ' ·
_
City ¢,ttorney
615152.3 -] ]_
vleeting of the City
:cordance with the
,as present.
s the ~/'-"¢;,;-? day of
STATE OF TEXAS
COUNTY OF GUADALUPE
I, the undersigned City Secretary of the City of Schertz, Texas, hereby ce~
and foregoing is a full, true and correct copy of an ordinance adopted_~y the City
at the meeting of such City Council held on the ~;'7/day of _'J ~/~/~ ,2,
appears in the official minutes of the City Council of the City.
2000.
WITNESS MY HAND AND SEAL of the City of Schertz, Texas, this~:.~-Z,F
City Secretary
City of Schertz, Texas
615152.3 -]2-
'tify that the above
Council of the City
::)00, as the same
day of __J~?/Y~ ,
ECE 'v'EID JUN 0
RAMON GARCIA
FELIPE GARCIA, JR.
CATHERINE W. SMITH
SONIA LOPEZ
OSCAR H. LOPEZ
ERIC S. JARVIS
MICHELE GONZALES
VIA' FAX & FIRST CLASS MAlL
CITY MAYOR
CITY OF SCHERTZ
P.O. DRAWER I
SCHERTZ, TX 78154-0890
Re~
LAW OFFICE
OF
A PROFESSIONAL CORPORATION
222 WEST UNIVERSITY
EDINBURG, TEXAS 78539
May 30, 2000
Cause No. 96-12-7404-A; City of San Benito vs. PG&E Gas Tr
Corporation et al.; In the 107th Judicial District Court of Camer,
PRIVILEGED AND CONFIDENTIAI~ INFORMATII
Dear City Official'
As you are aware, your city is involved in the above class action. Recentljy
proper action, approved the full and final settlement agreement by adopting a resoluti
the adoption by the city of a consent ordinance. The settlement has been approved [
are awaiting final court approval. Because the release and settlement agreemen
approved by your city, we ask that you, as city mayor, sign the release and return th
to us. We should have a check ready for your city. However, if you prefer, we will h
delivery your check and pick-up the signed release. This will be the final act reques'
we would like to take this time to extend our complete appreciation for your pro
cooperation.
If you have any questions, or if we can provide you with any information reg
proposed settlement or any of the documents previously provided to your city and
please feel free to contact our offices by calling our office toll free at (877) 387-0771
facsimile at (956) 387-0775; or (3) write to our address, Law Offices ofRamon Garc:
Class Action Litigation, 107 N. l0th Street, Edinburg, Texas, 78539.
Sincerely,
ansmission, Texas
an County, Texas.
'TELEPHONE
(956) 383-7441
FAX
(956) 381-0825
)N
your city, through
on, which included
)y the court and we
t already has been
.e signed document
ave a staff member
:ed of your city and
mpt and continued
arding the case, the
your city attorney,
); (2) write to us by
ia, P.C., San Benito
LJ[W OFFICES OF RAMON GA.RCIA, P.C.
_ d "'X---'----
Legal
~Assistant for the San Benito Cla~
AP/hg
Enclosures
CC'
Paul Andrews
City Attorney
FULL AND FINAL RELEASE AND SETTLEMENT AGREE~/IENT
This Full and Final Release and Settlement Agreement is made and enter,
day of June, 2000, by and between the City of Schertz, Texas, as a Settling Class (
defined); and (i) PG&E Gas Transmission, Texas Corporation f/k/a
Corporation; (ii) PG&E Texas Natural Gas Company f/k/a Vale~
Company; (iii) PG&E Texas Pipeline Company f/k/a Valero Transmis
(iv) PG&E Texas Pipeline, L.P. f/k/a Valero Transmission, L.P.; (v) V'!
Lo Vaca Gathering Company; (vi) PG&E Texas Field Services Comp
Field Services Company; (vii) PG&E Texas Gas Storage Company t
Storage Company; (viii) PG&E Hydrocarbons Company f/k/a Valer¢
Company; (ix) PG&E Hydrocarbons, L.P. f/k/a Valero Hydrocarbons
Texas Hub Services Company f/k/a Valero Storage and Transfer Com
Texas Management Company f/k/a Valero Management Company;
Gas Partners, L.P. f/k/a Valero Natural Gas Partners, L.P.; (xii
Management Partnership, L.P. f/k/a Valero Management Partner,,
PG&E-Tex, L.P. f/k/a Valerotex, L.P.; (xv) PG&E Texas Energy Comp
Reata Energy, L.P. f/k/a Reata Industrial Gas, L.P.; (xvii) PG&E
Holdings Corporation f/k/a Valero Gas Marketing Company f/k/a Real
Company; (xviii) PG&E NGL Marketing, L.P. f/k/a Valero Marketing,
Texas LDC, L.P. f/k/a VLDC, L.P.; (xx) PG&E Rivercity Energy, L.F
630312.2 -1-
:d into as of the 6th
~ity (as hereinafter
Valero Energy
· o Natural Gas
.sion Company;
' Company f/k/a
any f/k/a Valero
:/k/a Valero Gas
~ Hydrocarbons
, L.P.; (x) PG&E
pany; (xi) PG&E
(ii) PG&E Texas
) PG&E Texas
;hip, t.P.; (xiv)
any; (xvi) PG&E
~nergy Trading
:a Industrial Gas
L..P.; (xix) PG&E
'. f/k/a Rivercity
Gas, L.P.; (xxi) PG&E Texas VGM, L.P. f/k/a Valero Gas Marketing, L
Texas Industrial Energy, L.P. f/k/a Valero Industrial Gas, L.P.; (xx
Texas Pipeline Company f/k/a Valero-Teco West Texas Pipeline Cc
PG&E Gas Transmission Teco, Inc. f/k/a PG&E Gas Transrr
Corporation and Teco Pipeline Company; (xxv) Teco Gas Gathering C
Teco Industrial Gas Company; (xxvii) Teco Gas Marketing Compan!
Gas Processing Company; (xxix) Teco Gas Services Company,
Energy Trading- Gas Corporation f/k/a PG&E Energy Trading Corporation
officers, general and limited panners, joint ventures, employees, and representati,
(collectively referred to hereinafter as "PG&E/TECO" or "the Settling Del;
WHEREAS, the Cities of San Benito, Primera and Port Isabel initi
individual litigants on or about December 27, 1996, and were named as Class R
a class of Texas cities certified by Court order on November 5, 1997, as amende(
Court order of November 12, 1997, such litigation styled Cause No. 96-12-7412
Benito, et al. v. PG&E Gas Transmission, Texas Corporation, et al.; In th
District Court, Cameron County, Texas ("litigation"); and
WHEREAS, PG&E/TECO has vigorously defended the litigation and d~
to deny the allegations, claims and damages asserted by the Class Plaintiffs; and
WHEREAS, the Class Plaintiffs and PG&E/TECO wish to fully and
litigation and all claims and damages as herein provided; and
630312.2 -2 -
P.; (xxii) PG&E
ii) PG&E West
,mpany; (xxiv)
ission, Texas
ompany; (xxvi)
/; (xxviii) Teco
tnd (xxx) PG&E
and the directors,
'es of said entities
~ndants").
ated litigation as
epresentatives for
and corrected by
C-A; City of San
e 107th Judicial
:ny and continues
finally settle the
WHEREAS, without admission of liability by or to any party, the C1.
PG&E/TECO desire to avoid the vexation and uncertainties of litigation and fully
the litigation, ancillary litigation, avoid further litigation, settle all claims and bt
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mul
agreements herein contained, including the foregoing recitals which form an in
Release and Settlement Agreement, and in consideration of the Agreed Settlem
Ordinance Granting a Permit And Consent enacted by each of the Settling
other good and valuable consideration, and in order to buy their respective pea¢
independent adequacy of all elements of such consideration being acknowled~
hereto, the parties hereby contract, covenant and agree as follows'
,
DEFINITIONS. The following terms are defined as follows when
Agreement'
a.
"RELEASE AND SETTLEMENT AGREEMENT" shall me
Final Release and Settlement Agreement and all referenced
b.
"CLASS CITIES" shall mean those cities that were given nc
action after it was certified, have not opted out or have
original opt out, and have not been severed, dismisse{
otherwise removed from the class by court order.
C.
"SETTLING CLASS CITIES" shall mean those Class Citie=
given notice of the settlement, have agreed to the terms,
consideration supporting the settlement, have agreed to ac(
hereof, and have agreed to be bound by the Agreement.
d."SETTLING DEFENDANTS" or"PG&E/TECO" shall mean all th
as Defendants in the litigation, and the directors, officers, general an(
joint ventures, employees, and representatives of said entities.
630312.2 -3-
~ss Plaintiffs and
tnd finally resolve
peace;
ual promises and
tegral part of this
;nt Sum and the
Class Cities, and
e, the receipt and
;ed by the parties
used within this
an this Full and
Exhibits hereto.
,tice of this class
rescinded their
, nonsuited, or
that have been
conditions and
ept the benefits
e parties named
limited partners,
e,
PIPELINE(S) shall mean the intrastate, interurban PG&E/T~
and natural gas liquids transmission pipelines and all th
facilities, including, but not limited to, mains, spurs, laterals
corrosion protection systems, city gates, and other rel~
PG&EFI-ECO owned, leased, operated and/or controlled, in
(such as through a joint venture or partnership, for
PG&EFFECO. The location of the Pipelines within the resp
of the Settling Class Cities have been disclosed to the Settl
directly and/or through Class Counsel, to the extent known,
descriptions or other identification as may be required by ti
,
AGREED SETTLEMENT SLIM. PG&E/TECO agrees to pay by check
Thirty Thousand Two Hundred Seventeen and 32/100 dollars ($3(2
is the full and complete amount that the Settling Defendants
undersigned Settling Class City, as consideration for this Release
Agreement and the other terms and conditions of the Class Settl(
to the Court approved formula, as the Agreed Settlement Sum. ~
delivered to the Settling Class City through Class Counsel on or before f
after final approval by the Court of this Release and Settlement Agreem¢
,
CONSENT AND PERMIT ORDINANCE. The Settling Class
consent, permit, authorize, and approve the past, current and cont
use, maintenance, expansion, and operation of PG&E/TECO'.
granted and expressed by the ordinance which each Settling Clas:
enact and adopt, for a term of twenty-five years, in the same or sub
form to Exhibit "A" attached hereto.
,
COURT COSTS. All costs of court in the litigation and ancillary litiga
by the party incurring such costs.
o
DISMISSAL WITH PREJUDICE OF CLAIMS. The Settling Class C
with prejudice all claims in this litigation and all claims against the Settl
the ancillary lawsuits, as identified in Exhibit "B" attached hereto and
reference herein, following the approval by the Court of the Releas.
Agreement and receipt of the Agreed Settlement Sum in full as provided i~
6. RELEASE
a.
Scope. It is the Settling Class Cities' intent to release all (
of whatsoever nature, or any other legal theory aris
circumstances described above, against PG&E/TECO,
--CO natural gas
eir appurtenant
meters, valves,
ted facilities of
whole or in part
example), by
ective city limits
ing Class Cities
~y maps, written
e City.
the total sum of
,217.32), which
will pay to the
and Settlement
;ment, pursuant
he check will be
.ve business days
Cities agree to
nued presence,
s Pipelines, as
s City has or will
stantially similar
,tion shall be paid
ities shall dismiss
.ng Defendants in
incorporated by
and Settlement
Section 2 above.
;auses of action
ng out of the
and to release
630312 .2 -4 -
bo
C.
PG&E/TECO from any and all liability and damages of an
unknown, whether based on statute, ordinance, contract or t
given herein is intended by the Settling Class Cities heret~
complete, comprehensive and final release and shall
accordingly in its broadest sense as to PG&E/TECO; how~
Class Cities do not by this Release and Settlement Agreement rele~
any Settling Class City may possess or assert regarding francl~
against any of the following entities: the local distribution compa
Southern Union Gas Company, a division of Southern Union Cc
Union Company; the former Rio Grande Valley Gas Comp
corporation, now known as Southern Union Company; Mercado (
and Entex, a division of NORAM Energy Corp.; or any of said e~
or assigns. Further, the Settling class Cities do not by this agre{
claims, if any, asserted by any such Settling Class City,
representative or class member, against any person or entity othe
Defendants named herein, in the case styled City of Pearland on B
All Other Similarly Situated Cities v. Entex, Inc. et al.,_Cause No. 3
239th District Court in and for Brazoria County, Texas; or in the c
Pharr et al. v. Rio Grande Valley Gas Company et al., Cause No. £
the 370th District Court in and for Hidalgo County, Texas.
No Admission of Liability; Claims are Disputed and Uncertain
kind, known or
)rt. The release
) to constitute a
be construed
.=ver, the Settling
.se any claims that
ise fee payments
ny now known as
.mpany; Southern
any, a Delaware
las Services, Inc.;
~tities' successors
:ment release any
tither as a class
than the Settling
~half of Itself and
131-JG-97, In the
ase styled City of
'~-4558-95-G-2, In
The Releasing
Parties further agree and acknowledge that there is con., iderable doubt,
disagreement, dispute and controversy, with regard to th{; validity and/or
viability of the Settling Class Cities' claims against the Setting Defendants
and that the Settling Defendants have not and do not hereby make any
admission as to the legal or equitable liability of the Settlinc. Defendants for
any liability amount of damages or justification for legal relief The Releasing
Parties further acknowledge and agree that there is doubt disagreement,
uncertainty and confusion as to the amount of said liabilily,, if any. The
purpose of this Release and Settlement Agreement is to 9nd the dispute
about the value of the claims made, or which could have b{ ,en asserted, by
the Settling Class against the Settling Defendants, once arid for all.
Release of PG&E/TECO. The Class Plaintiffs, for themselves attd on behalf of the
Settling Class Cities, and their agents, attorneys, representatives, e]nployees, elected
and appointed officials, and all other related persons or entities ("R{.qeasing Parties"),
hereby forever release, discharge, and acquit the Settling I)efendants, their
successors, and assigns, of and from any and all past, present,
demands, obligations, causes of action, contentions or legal th
unknown, and any and all past, present, or future damage, ir
or future claims,
eories, known or
tcluding, without
630312.2 -5-
.
limitation, loss of income, contractual fights or interests, statutor3
post-judgment interest, costs of court, punitive damages, attorne
other damage or expense, accrued or unaccrued, whether now kn
fixed or contingent, real or spurious, and whether any of the fore
common law, contract, tort, equity, regulation, state or federal co
city ordinance or any other applicable law, which the Releasing P~
may hereafter accrue or acquire, which are the subject of the litiga
litigation, and/or which might have been asserted in any court
commission or agency whatsoever, in connection with, arising oul
related to the Pipelines, any acts, facts, transactions, occurrences,
omissions asserted or which could have been asserted in the litigz
litigation or arising for any reason out of any natural gas activities c
with, or duty owed by the Settling Defendants to the Releasing Pa
intention of the Settling class Cities to release any claims, if an)
such Settling Class City, either as a class representative or class me
person or entity other than the Settling Defendants named herein,
City of Pearland on Behalf of Itself and All Other Similarly Situat{
Inc. et al., Cause No. 3131-JG-97, In the 239th District Court in
County, Texas; or in the case styled City of Pharr et al. v. Rio G
Company et al., Cause No. C-4558-95-G-2, In the 370th District
Hidalgo County, Texas. It is the intention of the Releasing Pm
claims and potential claims against the Settling Defendants, inclu.
of example and not limitation: (1) trespassing/purpresturo up.
(2) failure to obtain lawful consent for Pipelines within the c
pay monies or underpaying monies due under street rent~
other city ordinances impacting Pipeline operations and P
activities; (4) tortiously interfering with any Settling Class (2
franchise with its local gas distribution company; (5) alleg
abetting third parties to violate any franchise agreements or
(6) breach of any expired or existing franchise agreeme
Settling Class City and any of the Settling Defendants; ~
related causes of action..
WARRANTY OF FULL AUTHORITY AND NO ASSIGNMENT
Parties represent and warrant that they own and control 100% of the clair
and have full authority to execute this Release and Settlement Agreeme
Parties and Class Counsel represent, covenant, and warrant that none of ti
herein have previously been conveyed, assigned, pledged, sold or transfer
part, to any third party, and that they have full authority to release any ar
damages, pre- or
~/s' fees, and any
awn or unknown,
going arise out of
stitution, statute,
trties now have or
tion and ancillary
forum, tribunal,
of, or in any way
,epresentations or
tion and ancillary
,r any relationship
rties. It is not the
~, asserted by any
mber, against any
in the case styled
~d Cities v. Entex,
and for Brazoria
rande Valley Gas
Court in and for
ties to release all
ting, only by way
>n city property;
:ity; (3) failure to
~1 ordinances or
~eline business
ity's contract or
edly aiding and
city ordinances;
~t between any
tnd (7) all other
The Releasing
~s released herein
at. The Releasing
~e claims released
:ed, in whole or in
td all claims.
630312.2 - 6-
8. AGREEMENT TO INDEMNIFY AND HOLD HARMLESS. The
.
10.
11.
agree to indemnify and hold harmless Settling Defendants from any third
liability claims against Settling Defendants asserted by any defendant in m
litigation initiated by or on behalf of any one or more of the Settling Clas
or is derived from the matters released herein. The Releasing Partie
Agreement release any claims that any Releasing Party may possess o
franchise fee payments against Southern Union Company; Southern Uni
a division of Southern Union Company; the former Rio Grande Valley G
known as Southern Union Company; Mercado Gas Services, Inc. and/m
of NORAM Energy Corp. It is further understood and agreed that no Set
required to indemnify or hold harmless any Settling Defendant for or on
Settling Class City.
CONTRACTUAL TERMS. The terms of this Agreement are contrac
recitals.
GOVERNING LAW. This Agreement shall be governed and construed
the laws of the State of Texas.
ACKNOWLEDGMENT OF FULL UNDERSTANDING, OF REPRE
AND CONSULTATION WITH COUNSEL, AND DISCLAIMER
a,
bo
Sophisticated Parties Dealing at Arm's Length. The Sett
Cities, as Releasing Parties, agree and acknowledg(
negotiating and entering into this Release and Settlement Ac.
Releasing Parties and their counsel have at all times bee
with each other at arm's length, and all are knowledge
sophisticated parties.
Warranties of Understanding, Full Disclosure, and Represe~
and Opportunity. for Consultation with Counsel. The Releas
hereto represent and warrant: (i) that they have read this R{
Settlement Agreement and fully understand it; (ii) that they
represented in this litigation by Court appointed Class Counsel, a
opportunity to consult with their independent City Attorney and/o~
counsel of their own choice; (iii) that they have agreed to be fi
according to the terms of this Release and Settlement Agreerr
Releasing Parties acknowledge that they have had the opp~
consult with Class Counsel and/or their City Attorney
independent legal counsel regarding the entire conten'
Release and Settlement Agreement, as well as 1
Releasing Parties
>arty or derivative
y present or future
s Cities that arises
',s do not by this
r assert regarding
an Gas Company,
as Company, now
Entex, a division
tling Class City is
~ehalf of any other
tual and not mere
n accordance with
~ENTATION BY
)F RELIANCE.
ing Class
that in
reement.
~ dealing
able and
]tation by
.ng Parties
~lease and
have been
nd had the
with other
tlly bound
tent. The
~rtunity to
or other
Is of this
he legal
630312.2 -7-
consequences of this Release and Settlement Agree
approving the execution of this Release and Settlement Agreemer
Counsel, each of the Settling Class Cities is relying or
judgment and each has been represented by competent
Class Counsel and has further had the opportunity to cons
own City Attorney or other legal counsel in this matter.
C.
Acknowledqment of No Other Promises or Aqreem
Disclaimer of Reliance. Each of the Settling Class Cities
warrants and does hereby authorize Class Counsel, as Ag~
Settling Class Cities, to state and represent that no pr
agreement which is not herein expressed has been made
the Settling Class Cities or their Counsel in exchange for enl
and executing this Release and Settlement Agreement, and
of the Settling Class Cities or their Counsel is relying
statement or representation of any agent of or Counsel for ti'
Defendants being released hereby. In making the decision t¢
by approving the execution of this Release and Settlement Agr,
Class Counsel, the Settling Class Cities have relied on their own ~
and judgment and that of Class Counsel and/or their City Attom{
independent counsel, if any, and not in reliance upon any repr{
warranty, advice, or statement of any kind made by or on bet
Settling Defendants or their Counsel, unless and except to the exter
representation, warranty, advice, or statement is expressly contai
Release and Settlement Agreement.
12.
NO MODIFICATION. This Full and Final Release and Settlement A~
be modified unless any such modification is made in writing and signed
hereto or their counsel.
13.
BINDING UPON SUCCESSORS. This Full and Final Release and Sett]
shall be binding on, inure to the benefit of, and be enforceable by, the S
and their successors, heirs, assigns, trustees, administrators, and 1¢
representatives.
14.
CONSTRUCTION. This Full and Final Release and Settlement Agreen
mutual negotiations between and among the various parties and their Co
shall not be construed more strictly against one party. Paragraph
convenience only and shall not be used to interpret or construe the parag~
relate.
ment. In
tt by Class
its own
and able
Jlt with its
~nts and
~xpressly
nts of the
omise or
to any of
:ering into
that none
Jpon any
e Settling
settle and
:ement by
anowledge
:y or other
:sentation,
~alf of the
tt that such
ned in this
reement shall not
by all the parties
ement Agreement
~ttling Defendants
gal and personal
~ent is the result of
unsel, and as such
captions are for
· aph to which they
630312.2 -8-
15.
MULTIPLE ORIGINALS. This Full and Final Release and Settlen
be executed simultaneously in one or more duplicate originals, each c
deemed an original.
EXECUTED this the 6th day of June, 2000.
The City of Schertz, Texas
As a Settling Cla~ City and a Releasing
Title: Cit M~ager
~ent Agreement may
,ne of which shall be
Party
630312.2 -9-
EXHIBIT "A" TO FULL & FINAL RELEASE AND SETTLEMENT A
ORDINANCE
630312.2 -10-
.GREEMENT
.
630312 .2
EXHIBIT "B" TO FULL & FINAL RELEASE AND SETTLEMENT A
LIST OF ANCILLARY LAWSUITS IN WHICH ALL CLAIMS AGA
DEFENDANTS WILL BE DISMISSED WITH PREJUDIC
Cause No. C-4558-95-G-3, City of Alton and City of Donna vs. Rio Gram
PG&E Gas Transmission, Texas Corporation f/Ida Valero Ener9y
Company f/k/a Valero Transmission Company, PGaE Texas Natur~
f/k/a Valero Natural Gas Company, PG&E Energy Trading Holding
Valero Gas Marketinq Company f/k/a Reata Industrial Gas Compa
Pipeline, L.P. £/k/a Valero Transmission, L.P., and PG&E Reata E
Reata Industrial Gas, L.P.; In the 370th Judicial District Court, Hidalg
.GREEMENT
[NST PG&E
E
le Valley Gas Co.~
Corporation, VT
ti Gas Company.
s Company l/Ida
ny, PG&E Texas
nergy, L.P. f/k/a
o County, Texas
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Ninneman, known to me, who, being by me duly sworn, on her oath dep
that she is the Managing Editor of The Seguin Gazette-Enterprise, a ne~
published in said county; that a copy of the within and foregoing notice ~
said newspaper 2 times before the return day named therein, such publ
on the following dates:
Gazette Enterprise
PennySaver
June 18, 2000
June 22, 2000
and a newspaper copy of which is hereto attached.
Kathie
oses and says
Yspaper
~as published in
cations being
Sworn to and subscribed before me this
day of June A.D., 2
000.
Notary Public, Guadalu e
County, Texas
TELEPHONE: 210/224-5575
FACSIMILE: 210/270-7205
WRITER'S INTERNET ADDRESS:
mspain@fulbri§ht.com
WRITER'S DIRECT DIAL NUMBER:
:~ I 0/E70-7184
FULBRIGHT <~ JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT ,~TREET, ,.~UITE 2200
SAN ANTONIO, TEXAS 78205
June 20, 2000
Re: PG&E Settlement
Mr. Kerry R. Sweatt
City of Schertz
1400 Schertz Parkway
P.O. Drawer 1
Schertz, Texas 78154
B,
Dear Kerry:
I enclose a check, payable to the City of Schertz, in the amount of $30,~
of the City's settlement from the PG&E litigation. I also enclose a letter from So~
original and one copy) enclosing the acceptance of the City's settlement. The
filed by Norma with the original Ordinance in the City's records, and Paul Andre
Wallace) has asked that the copy be stamped with a date receipt and returned to [
envelope.
Very tm!y yo~s,
Michael L. Spain
MLS/mjw
Enclosures
635960.1
HOUSTON
WASHINGTON. D.C.
AUSTIN
SAN ANTO N I0
DALLAS
NEW YORK
LOS ANGELES
M I N N EAPOLIS
LONDON
HONG KONG
MESSENGER
~. 17.32 in payment
~les & Wallace (an
original should be
ws (with Soules &
tim in the enclosed
Fulbri~ht (50) 6/lq/00 3'39' PAGE 2/2 RightEAX
TEL£DNONE: F. IO/22~-557 5
~'ACS!M~ LEi 210/ 270-7 205
WRITER'S INTERNET ADDRESS:
mS p ~in ~fu I b~ i ~h t.com
WRITERIS ~IRECT ~IAL NUMBER:
FULBRIGHT & JAWORSKI L.L.P.
A ~::::~EOISTERED L_IM~TED L_iAEiILITY ~DARTNE~5~I~D
3,00 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78~05
June 14, 2000
Re'
City of San Benito Lawsuit: City of Schertz
Mr. Paul D. Andrews
Soules & Wallace
Frost Bank Tower, Suite 1500
100 West Houston Street
San Antonio, Texas 78205
BY
Dear Paul'
As I indicated on my voice mail to you, I enclose a certified ordinance of th
and a complete and executed Full and Final Release and Settlement Agreement re
of San Benito/PG&E class litigation, all on behalf of the City of Schertz.
Very truly yours,
original signed by Michael L. Slmi
Michael L. Spain
h/LS/mjw
Enclosures
cc:
Kerry R. Sweatt (City Manager, City of Schertz) (w/o enclosures)
~lO LISTON
WASMINOTON, D.C.
ALI ST ~ N
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
M ! N N EADO L~ S
I-lONG KONG
MESSENGER
City of Schertz
Lating to the City
6352'74.1
PAUL D. ANDREWS
KEITH M. BAKER
PATRICIA ANN BATH *
RICHARD M. BUTLER
HERBERT GORDON DAVIS
R, RENE ESCOBEDO
WAYNE I. FAGAN
JERRY J. FULTON
PHIL STEVEN KOSUB *
B. MILLS LATHAM
ELIZABETH J. LINDELL
JAMES E. MONTGOMERY
SARA MURRAY
SUSAN S. PATTERSON
ROBINSON C. RAMSEY ~:°
LAW OFFICES
SOULES & WALLACE
ATTO RN EYS - AT- LAW
A PROFESSIONAL CORPORATION
FROST BANK TOWER
1OO W. HOUSTON STREET, SUITE 15OO
SAN ANTONIO, TEXAS 78205-1457
(210) 224-9144
TELEFAX: (210) 224-7073
WRITER'S DIRECT DIAL NUMBER:
(210) 299-5474
June 16, 2000
City Secretary
City of Schertz
P. O. Drawer I
Schertz, Texas 78154-0890
Re:
Ordinance No. M-12, enacted pursuant to the settlement of the C1
case pending as Cause No. 96-12-7404 in the 107th Judicial Dis'
of Cameron County, Texas
Dear City Secretary'
Enclosed for filing in the records of the City is the Grantees' form ofaccep
referenced Ordinance No. M-12, duly enacted on June 6, 2000. This letter
signatures of the duly authorized representatives of the Grantee constitutes (
acceptance of the above referenced Ordinance pursuant to Section 15 thereof, ant
as of the 15th day of June, 2000.
Sincerely,
'Paul D. Andrews'''.`. ..... '~'
Attorney for Grantee,
PG&E Gas Transmission, Texas C
PG&E Gas Transmission, Teco, In
PG&E Energy Trading - Gas Corp.
Wholly Owned Subsidiary Corpor~
Owned Subsidiary General and Lirr
PDA/rb
Enclosure
A:\00147556.WPD
AUSTIN, TEXAS OFFICE:
925-B CAPITAL OF TEXAS HIGHWAY, SUITE 245
AUSTIN, TEXAS 78746
(512) 328-5511 TELEFAX (512) 327-4105
CORRESPONDENT OFFICE: LONDON, ENGLAND
NATIONAL BOARD OF TRIAL ADVOCACY
TEXAS BOARD OF LEGAL SPECIALIZATION
BOARD CERTIFIED ADMINISTRATIVE LAW
BOARD CERTIFIED CIVIL APPELLATE LAW
BOARD CERTIFIED CIVIL TRIAL LAW
BOARD CERTIFIED COMMERCIAL AND
RESIDENTIAL REAL ESTATE LAW
* BOARD CERTI:
PROBA
° BOARD CERTI:
~ BOARD CERTIt
TRIAL
s LICENSED IN
MARC J. SCHNALL *
BRAD L. SKLENCAR S
LUTHER H. SOULES III
BRUCE K. SPINDLER
WILLIAM T. SULLIVAN
CHRISTOPHER J. TARRILLION
THOMAS H. VEITCH *
JAMES P. WALLACE *
OF COUNSEL:
LUIS R. GARCIA
(1919-1996)
ROBERT L. ESCHENBURG II
ass Action
Irict Court
tance of the above
and the attached
;rantee's form of
shall be effective
c. and
~ration and their
ttions and Wholly
ited Partnerships.
~IED ESTATE PLANNING AND
FE LAW
:lED FAMILY LAW
IED PERSONAL INJURY
LAW
WASHINGTON, D.C.
Schertz Ordinance No. M-12 and the grants, permits, consent, dutie
obligations and privileges thereto were accepted by the undersigned corpora
partnerships, collectively as "Grantee,"effective on and as of the 15th day of Jm
powers, rights,
,tions and limited
2000.
PG&E Gas Transmission, Texas Corporation;
PG&E Texas Natural Gas Company;
PG&E Texas Pipeline Company;
PG&E Texas Field Services Company;
PG&E Texas Gas Storage Company;
PG&E Hydrocarbons Company;
PG&E Texas Hub Services Company;
PG&E Texas Management Company;
PG&E Energy Trading Holdings Corporation;
PG&E West Texas Pipeline Company;
PG&E Gas Transmission Teco, Inc.;
Teco Industrial Gas Company;
Teco Gas Marketing Company;
Teco Gas Processing Company;
Teco Gas Services Company;
Teco Gas Gathering Company;
PG&E Texas Pipeline, L.P., by its General Partner,
PG&E Texas Pipeline Company;
PG&E Hydrocarbons, L.P., by its General Partner,
PG&E Hydrocarbons Company;
PG&E Texas Gas Partners, L.P., by its General Partner,
PG&E Texas Natural Gas Company;
PG&E Texas Management Partnership, L.P., by its General Partne
PG&E Texas Natural Gas Company;
PG&E-Tex, L.P., by its General Partner,
PG&E Texas Natural Gas Company;
PG&E NGL Marketing, L.P., by its General Partner,
PG&E Hydrocarbons Company;
PG&E Texas LDC, L.P., by its General Partner,
PG&E Texas Pipeline Company; and
PG&E Texas VGM, L.P., by its General Partner,
PG&E Energy Trading Holdings Corporation;
By'
Thomas B. King, a
President of each of the corporations named above
r~
ACKNOWLEDGEMENT
(Corporation)
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the ~t~'~ day
Thomas B. King, President and Chief Operating Officer of (i) PG&E
Texas Corporation; (ii) PG&E Hydrocarbons Company; (iii) PG&E T{
Company; (iv) PG&E Texas Gas Storage Company; (v) PG&E T~
Company; (vi) PG&E Texas Management Company; (vii) PG&E ~
Company; (viii) PG&E Texas Pipeline Company; (ix) PG&E Gas Trans
(x) Teco Gas Gathering Company; (xi) Teco Gas Marketing Compm
Processing Company; (xiii) Teco Gas Services Company; and (xiv) ~I
Company, on behalf of each such corporation.
,,
Not~ Public ~ and"f{
Texas
My commission expire
C :\TEMPhKeller_Notary_Acknowledgement.doc
of June, 2000. by
Gas Transmission,
:xas Field Services
xas Hub Sen, ices
'exas Natural Gas
mission Teco, Inc.;
ly; (xii) Teco Gas
eco Industrial Gas
,r Harris County,
S:
ACKNOWLEDGEMENT
(Limited Partnership)
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the /~qday
Thomas B. King, President and Chief Operating Officer of (i) PG
Company, as sole general parmer of PG&E Hydrocarbons, L.P. and PG&
L.P., on behalf of each such limited parmership; (ii) PG&E Texas Namr.
sole general partner of PG&E Texas Gas Parmers, L.P.; PG&E T
Partnership, L.P.; and PG&E- Tex, L.P.; on behalf of each such li
(iii) PG&E Texas Pipeline Company, as sole general parmer of PG&E ~
and PG&E Texas LDC, L.P., on behalf of each such limited partnersh
venturer of PG&E West Texas Pipeline Company, on behalf of such
(iv) PG&E Gas Transmission Teco, Inc., as co-joint venturer of PG&E ~3
Company, on behalf of such joint venture.
I1~"('~1¢~ ~- MY COMMISSION EXPIRES il
%5:k;( ~,~'t,;-" February 17, 2003
!1
C :\TEMP\Keller_Notary_Acknowledgement.doc
of June, 2000, by
&E Hydrocarbons
E NGL Marketing,
1 Gas Company, as
exas Management
mited parmership:
exas Pipeline, L.P.
ip, and as co-joint
joint venture; and
~est Texas Pipeline
/ ' ,/ / .
Notaw Publi/'~n and f( ,r Hams County,
Texas
My commission expire s'
PG&E Texas Energy Company;
PG&E Energy Trading - Gas Corporation;
PG&E Reata Energy, L.P., by its General Partner,
PG&E Texas Energy Company;
PG&E Rivercity Energy, L.P., by its General Partner,
PG&E Texas Energy Company; and
PG&E Texas Industrial Energy, L.P., by its General Par
PG&E Texas Energy Company
i~ell E. Madd'ox, as
/~~r~e$ident of PG&E Texas Energy Company and
v President of PG&E Energy Trading - Gas Corporati
tner,
on
ACKNOWLEDGEMENT
(Limited Partnership)
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the/~{~' day
Lyndell E. Maddox, President and Chief Executive Officer of (i) PG
Company, as sole general parmer of PG&E Reata Energy, L.P.; PG&E
L.P., and PG&E Texas Industrial Energy, L.P.; on behalf of each such 1
and (ii) PG&E Energy Trading Holdings Corporation, as sole general pa~
VGM, L.P., on behalf of such limited parmership. ~.-
il~-i:,'~ ~ MY COMMISSION EXPIRES il
!1 z~;::. .... ~:~;.- February 17 2(X)3 I!
of June, 2000, by
&E Texas Energy
Rivercity Energy,
imited parmership;
~er of PG&E Texas
NOtary Public in and ~qr Hams Coun .ty,
Texas /
My commission expireI:
C:WEMP\Keller_Notary_Acknowledgement.doc
ACKNOWLEDGEMENT
(Corporation)
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the l~;~Xlday
Lyndell E. Maddox, President and Chief Executive Officer of (i) PG
Company; (ii) PG&E Energy Trading Holdings Corporation; and (iii) PG,
-Gas Corporation, on behalf of each such corporation.
Notary Public In and fi
Texas
My commission expire
C :",TEM P\Keller_Notary_Acknowledgement.doc
of June, 2000, by
.&E Texas Energy
kE Energy Trading
U/l '/"~---"' ",
~r Harris County,
SO
VT Company
By:
Bruce R'~. Wort~ ~
hington ~
Attorney-In-Fact
ACKNOWLEDGEMENT
(Corporation)
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
This instrument was acknowledged before me on the 13th
2000 by Bruce R. Worthington, Attorney-In-Fact of VT Company,
such corporation.
~ ~d~ Comm. ,1228~70 ~
UJ[=~~~/ NOTARYPUBLIC-CALIFORN~A ~
~ ~<~:~'~/ City & County of San F~aRc;SCO
day of June
on behalf of
Notary Public in and for the C~
Francisco, State of California
My commission expires' July 30,
)unty of San
2003